InnowaveRF, LLC – Order, Shipping, Return and Warranty Policies
The Order, Shipping, Return and Warranty Policies on this page (the “Policies”) shall govern all orders by the Customer (“Customer” or “you”) from InnowaveRF, LLC(“InnowaveRF”, “Seller”, “we” or “us”) for products manufactured or sold by us (the “Products”) unless otherwise agreed to in a writing, signed by an authorized agent of InnowaveRF, LLC (an “Agent”).
1. Orders and Acceptance
All orders must be made by telephone or email contact with us, and will be documented by one or more Purchase Orders, to be issued by Seller. We reserve the right to limit the order quantity on any item and to refuse service to any Customer. All orders must be accepted in writing by an Agent.
2. Order Changes and Cancellations
Once an order has been shipped it cannot be cancelled or changed. Seller will attempt to accommodate changes to or cancellation of orders prior to shipping, at its sole discretion. Invoices will issue when the order is placed and Products will ship when available. With respect to orders for multiple batches of Products, if the order is cancelled prior to delivery of all of the Products, the Customer shall be responsible to pay for those Products that were due to be shipped within 60 calendar days from the date we receive written notice of cancellation. Cancelled orders shall be subject to a cancellation charge up to 100% of the price quoted, unless we agree in writing to such cancellation.
3. Sale Price & Specifications
All prices and specifications are subject to change without notice. All prices and transactions shall be in United States Dollars (“USD”) only. Prices are only valid for thirty (30) days from date of quotation unless stated otherwise, and may be withdrawn at any time prior to our acceptance of the Purchase Order. We reserve the right to change pricing, specifications, design and change manufacturing process or discontinue items at our sole discretion for any reason. We will try our best to inform Customers ahead of time of any such changes.
Prices do not include sales, use, excise, property or similar taxes arising out of or relating to the sale or use of the Products. Customer agrees to indemnify and hold InnowaveRF, LLC harmless from and against the imposition and payment of such taxes. Customer shall be solely responsible for all sales taxes, or other taxes or duties, on orders shipped to any State/Country other than the State of New York, United States of America. The Customer shall provide a “Tax Exempt Certificate,” if applicable, when establishing their account with us.
5. Payment Terms
All orders are FINAL. Seller may utilize a third party vendor pay orvendor credit card processing service such as Paypal. While Seller chooses these services because of their reputations for handling such processes securely, Seller is not in any way affiliated with or responsible for these third party vendors. Seller shall not be held liable for any security breaches, claims or issues arising from or out of the use of these third party vendors. Please refer to these vendors’ terms and conditions for any refund or dispute resolution procedures.If for any reason you do not wish to deal with these vendors, please refer to our Standard Payment Terms, below.
Standard Payment terms are NET-30, upon our approval of your credit. Customer shall provide at minimum three business references, plus one bank reference, for a credit check. Returned checks that are not honored by the Customer’s bank are the responsibility of the Customer. All returned checks will be assessed a $25.00 or 5% service fee (whichever is greater)together with all costs or expenses related to the collection of the debt, including reasonable attorneys’ fees and costs of collection. Other payment terms may be made available on a case by case basis. Any alternative payment arrangement must be confirmed in writing signed by Agent. We reserve the right to cancel any purchase order if Customer has not established satisfactory credit promptly, and otherwise met the payment terms of the order.
Seller does not accept any products for refund or return, except under the Warranty, described below at paragraph 8. Products returned to us by the shipping carrier as a result of Customer error, refusal to accept the order, or inability of the carrier to deliver to the address provided, will be the responsibility of the Customer and we will bill such costs of shipping in full to the Customer even if the products are returned. Products may only be returned if they are defective or for warranty service, as applicable. All returns must have a Return Material Authorization (RMA) number assigned by us prior to shipping. Please use the link that follows to complete the form to request a RMA number www.InnowaveRF.com/ContactUs. There are no other means of requesting a RMA number. Upon our approval, a RMA number will be issued to the Customer via email, along with complete shipping and labeling instructions. Items returned without an RMA number will be rejected and the shipment will be returned to the Customer at the Customer’s expense.
7. Shipment & Delivery
Seller will select the most convenient and cost effective shipping option for each order, unless the Customer requests a specific carrier or shipping option. All shipping costs are invoiced to the Customer, unless Customer provides a carrier account number and requests that we ship such order with such carrier on Customer’s account. In order to keep the price of InnowaveRF Products low and to provide better packaging for our products, we will also assess a handling charge, to be determined on a per order basis and based on size and/or weight of each shipment. The handling charge will be billed to the Customer irrespective of whether the products are shipped using Seller’s carrier or the Customer’s carrier or freight forwarder. All delivery dates listed in our Purchase Orders are approximate dates only..The delivery date noted is the best estimate possible, based upon current and expected factory loads, of when the Products will be shipped or received. Seller assumes no responsibility for loss, damage or consequential damage due to delays. Domestic (USA) orders shall be EXW common carrier selected by Seller or Customer. International (outside the USA) orders shall be FCA US common carrier. In either case, once the carrier has accepted the Products, the carrier shall be deemed to be acting for and on behalf of Customer and the terms of payment for the Products shall not be reduced for damage to or destruction of the Products shipped .Seller does not assume any liability for any loss or damage whatsoever, including loss of income and/or profits, incidental, special or consequential damages, resulting from any delays in shipment or delivery of Products for any reason. Seller is NOT responsible for any customs delay. Any claims for shipment discrepancies, like shortages or claims that the product delivered is other than that which was ordered or claims for damages prior to delivery, must be made in writing to InnowaveRF within five (5) days after the arrival of the Products, otherwise, the order will be deemed complete. Please use the following link to complete the form to request a RMA number for incorrect or damaged products: www.InnowaveRF.com/ContactUs. There are no other means of requesting a RMA number. Upon our approval, a RMA number will be issued, via email, along with complete shipping and labeling instructions. Items returned without an RMA number will be rejected and the shipment will be returned. Please retain and return all original packaging to protect your ability to make a “damage during shipment” claim.
8. Limited Warranty
Seller warrants that the Products shall be free from defects in design specification, functionality and workmanship. This warranty shall remain in effect for the period of 3 years from the date the Products were shipped. This Warranty shall apply only to the Products and shall not apply to any other goods or materials, parts or components of a system or any system as a whole. This Warranty does not cover ordinary wear and tear. Seller’s obligation under this warranty is limited to the repair or replacement of the defective parts. If Buyer claims that a Product is defective in materials or workmanship, Seller shall have the right to either examine the Product where it is located or, in its sole discretion, issue shipping instructions for return of the Product. Seller’s inspection in response to a warranty claim shall not constitute acceptance or acknowledgment of the claim’s validity. Buyer shall prepay all transportation charges for such return. If Seller elects to replace or repair the defective Product, the replaced or repaired Product will be warranted for the remainder of the Warranty Period applicable to the originally shipped Product, but the Warranty shall not be extended beyond the original Warranty Period.
Warranty will be void if the Product is subject to abnormal use, abnormal conditions, unauthorized modifications, unauthorized repair, misuse, neglect, accident, alteration, mishandling during shipment of the Product ,improper installation or other acts which are NOT approved by Innowave RF. Our warranty also does not apply to any product that has been damaged by external causes such as fire, flood, sand, dirt, lighting, failure to provide a suitable operating environment, acts of God, theft, improper use of any electrical source or connection to Product.
9. Limitation of Liability
The limited warranty set forth in the preceding paragraph is the exclusive remedy of Customer with respect to any claim relating to the Products, whether arising at law or at equity. Customer agrees that in no event will we be liable, whether in contract, tort, or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any Products (including non-conforming products), or for any third-party claims against you relating to Products, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort, or under any other legal theory) in respect of any Product exceed the purchase price that you paid to us for it.
10. International Orders
Seller strictly adheres to the United States Export Control Laws. Customer, and any customer of Customer, shall check the United States Export Administration Regulations lists, and shall not export any Products to any country, company, or individual prohibited by those lists. Any export by Customer must be in accordance with the United States Export Administration Regulations. International orders may be subject to any applicable customs duties, VAT, and taxes in the country of destination, all of which are the responsibility of the Customer.
All drawings, designs, specifications, manuals, programs and prices furnished to Buyer by Seller shall remain the confidential and proprietary property of Innowave RF. All such information, except as may be found in the public domain, shall be held in strict confidence by Customer and shall not be disclosed by Customer to any third parties. Seller retains the copyright in all copyrightable material made available to Customer by Innowave RF.
12. End Use Disclaimer
The Products are not designed nor sold for use in nuclear power, aviation, aeronautical, aerospace and defense or related industries. The Products are also not to be used in medical devices, life support/critical applications, emergency response or safety related systems or for uses in industries not otherwise described in the products’ description. Any such use of Products is at Customer’s sole risk, and Customer agrees to indemnify and hold us harmless from and against any loss, claims, damages, liability, or cost (including court costs and reasonable attorney’s fees) resulting from such use or sale by Customer or any customer of Customer. Any assistance or advice provided by Seller in selecting equipment is given on a best-effort basis, and should not be relied upon for final decision of Product selection by Customer.
13. Governing Law
These Policies, and the relationship between Seller and Customer shall be construed in accordance with the laws of the State of Texas, USA. We reserve the right to make changes to our site, prices, policies, and these Policies at any time. Each provision of these Policies shall be deemed severable and if for any reason any provision of these Policies is deemed invalid or contrary to law, such invalidity shall not affect the validity of any other provision of these Policies.
14. Force Majeure
Seller shall not be held responsible or liable for any damage, delay, loss of use, or any other similar or dissimilar event as a result of an Event of Force Majeure. An Event of Force Majeure shall include without limitation acts of God (including flood, fire, earthquake or other similar event), riots, war, terrorism, strikes, lock-outs or other industrial disputes, epidemics, failure of telecommunication systems, failure of the world wide web, governmental restraints and act(s) of legislature or any cause (other than lack of funds) outside the reasonable control of the Seller.
15. Customer Information
InnowaveRF reserves the right to use the names of its customers and the end users of InnowaveRF products for its Marketing and Advertisement purposes without any further authorization from customer.
16. Facility Access
InnowaveRF reserves the right to limit or deny Customer admission to our facilities and/or our contractors. Prior to allowing Customer access to any of our facilities and/or contractors, we might require security clearances and background checks.
The entire terms and conditions of our Order, Shipping, Return and Warranty Policies are set forth in this document. There are no understandings, agreements, representations, or warranties, either oral or written, relative to the Products, including statements made in or conduct implied from past dealings between the parties that are not fully expressed herein. No statement, oral or written, made prior or subsequent to the acceptance of any Purchase Order and purporting to modify the stated Policies shall be binding unless consented to in a writing, signed by an authorized agent of Innowave RF. Any attempt by Customer to modify the Policies by sending contrary or conflicting terms and conditions, regardless of when or how provided to InnowaveRF, shall be void and without effect unless in writing and signed by an agent of Innowave RF. Customer indemnifies InnowaveRF from any and all harm, damage, or loss, other than those losses or responsibilities accepted by InnowaveRF herein.